Prop 36: What measure increasing penalties for certain crimes could mean for California?

SAN FRANCISCO (KGO) — Prop 36 was perhaps the most high-profile measure on the California ballot, calling for tougher penalties for theft and drug crimes.

The measure passed overwhelmingly, with more than 70 percent voting in favor.

Many San Francisco voters explained what led them to vote for passage.

“It was very disappointing and disheartening to be at the mercy of criminals, and I guess we had to hit rock bottom before people finally woke up and realized it was time to take a different path,” Arkady Itkin said.

Megan Loi said she was “not surprised” given her experiences as a young woman with safety concerns.

Prop 36 would create harsher penalties for theft and certain drug offenses. Issues that have plagued the Bay Area and the state in recent years.

Former San Francisco Mayor Willie Brown summed up the mood in the community.

“They were really looking for relief for so many people who had allegedly committed newly defined petty crimes and a way to get away with it.”

The passage of Prop 36 reverses Prop 47, which was passed in 2014, reducing some crimes to misdemeanors. The reclassification meant that crimes such as repeated shoplifting of goods under $950 were punishable by a much lighter sentence.

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“For a felony, you can go to county jail for up to a year, or you can go to prison for a misdemeanor…misdemeanors don't go to jail, or there's very little time left…sometimes a weekend,” said San Mateo District Attorney Steve Wagstaffe.

Drug offenses under Prop 36, such as trafficking fentanyl, would become felonies.

“It was not in the category of cocaine, meth or PCP. It was like possessing a non-prescription drug.”

Opponents of the measure, including Gov. Gavin Newsom, say Prop 36 would further overcrowd the prison system and disproportionately impact communities of color.

The CURB Coalition, which advocates for reducing prison spending, released this statement Wednesday condemning the passage of Prop 36, calling it a “setback” and a “misguided attempt to revitalize the failed War on Drugs.”

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“I don't think that will be the case. “I think I want to talk to my fellow prosecutors across the state to be more intentional and use this as a tool to try to get some of our population into treatment,” Wagstaffe says.

Although the SFPD reported a 30.6% decrease in overall crime compared to this time last year, that decrease wasn't enough for the voters we spoke with. They overwhelmingly agreed that Prop 36 would be the start of a safer state.

“There is an outcry in the city right now because they want some change and help,” said Cecilia Orellana, whose family experienced a car break-in.

Itkin isn't sure how much change passing the proposal will make, but says he “hopes it will have SOME impact.”